If the theft offense is a 4th degree or 5th degree and our client does not have any prior criminal history, the first step we will take is to push the case towards pre-trial diversion.  Diversion is not available in all counties in Ohio as it is setup and run by the county prosecutor's office.  Screening a client for diversion is key as well as having restitution paid back to the victim. 

Also, defending a theft case can be suprisingly easy in many cases involving electronic transactions.  For instance, a retail cashier indicted for theft may be a very difficult case for the prosecutor to prove without surveillance video evidence from the register.  An innocent cashier can be improperly charged if another employee logged in using the defendant's credentials and committed the theft.  Also, electronic transactions are notoriously difficult to understand and grasp. 

Filing a clear and concise pre-sentencing memorandum highlighting Ohio's sentencing guidelines in favor of a suspended prison sentence may go a long way towards receiving "community control" (formerly known as probation).

The input of the alleged victim is always of paramount importance.  If possible, all efforts should be made to work with the alleged victim's civil lawyers or representatives to further mitigate the case in all ethical means possible.

To inquire about representation for you or someone you know, call 614.481.4480 or e-mail our Managing Partner, Brad Koffel, at brad.koffel@kjlaws.com .